Terms of service
Last updated: 30 December 2023
These Terms of service are entered into by and between You and DSTNKT (Pty) Ltd., d/b/a skinbeat. (“Company”, “we”, ”our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of www.skinbeat.co.za, including any content, functionality and services offered on or through www.skinbeat.co.za (the “Website”).
Please read the Terms of Service carefully before you start to use the Website.
By using the Website, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of service, you must not access or use this Website.
1. PRIVACY
Refer to our Privacy Policy, which outlines how we manage your personal information.
2. PURCHASE RELATED POLICIES AND PROCEDURES
For policies related to processing, shipping, handling of orders, refer here. For policies related to refunds and exchanges, refer here.
3. PRODUCTS AND SERVICES FOR PERSONAL USE
Products, services and samples provided on the Website are for personal use only. You may not sell or resell any products, services or samples. We reserve the right to cancel or reduce orders or services at our discretion if we believe it may violate our terms and conditions.
4. AGE OF USERS
By registering an account on our website, you are affirming, and we are entitled to rely on the statement, that you are 18 years of age or older and capable of entering into a legally binding contract. Skinbeat. explicitly prohibits individuals under the age of 18 (“minors”) from viewing or using the site without the supervision of a parent or guardian who is 18 years of age or older. Skinbeat. depends on parents and guardians to assess whether any content or items available on the site are suitable for viewing, access or purchase by minors.
5. YOUR ACCOUNT
It is your responsibility to maintain the confidentiality of your account, username and password and to limit access to your computer. If there is any unauthorised use of your password or account, please notify us immediately. You are accountable for providing and updating current, complete, accurate and truthful information on your account.
You agree to take responsibility for all activities that occur with your permission or authorisation under your account, username, and/or password. Failure to maintain sufficient security over your account, username, and/or password is also your responsibility. If you are accessing and using the website on behalf of someone else, you assert that you have the authority to bind that person as the principal to all the Terms provided herein. To the extent that you lack such authority, you agree to be bound by these Terms and accept liability for any harm caused by any wrongful use of the website or content resulting from such access or use.
You have the option to cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without prior notice if these terms and conditions are violated or if we determine, at our sole discretion, that it would be in our best interest to do so.
We want you to have a great experience, and we strive to provide accurate information and high-quality skincare products. However, like any business, there are limitations to what we can guarantee.
5.1. Product use:
All information supplied through the website or by any skinbeat. party, whether by telephone, e-mail or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. We do not claim that our products diagnose, mitigate, prevent, treat or cure any disease or condition.
5.2. Individual results:
Skinbeat. cannot guarantee that products presented on our website will perform universally or deliver specific results for every user. The effectiveness of skincare products can depend on various factors unique to each individual. While we strive to provide high-quality and reliable products, we cannot assure that a particular product will meet the expectations or address the specific needs of every user.
To minimize the risk of adverse reactions, we encourage users to perform patch tests before applying new products extensively. This helps identify potential sensitivities or allergies.
5.3. Security:
While we strive to protect your personal information, no data transmission over the internet can be guaranteed as totally secure. Transmitting information to skinbeat. is done at your own risk.
5.4. Limitation of Damages:
Scope: In no case will skinbeat. or any of its affiliates be liable for any damages of any kind arising from or related to the site, its content, products or services, including direct, indirect, incidental, special, punitive and consequential damages.
Purchase Price Limit: The aggregate liability of skinbeat., arising from or related to any product ordered from the site, is limited to the purchase price of that product.
5.5. Acceptance of Risk:
By using the site, you agree that your use is at your sole risk, and you acknowledge the limitations and disclaimers outlined in these Terms of Use.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We have taken care to accurately describe and display* items on our website. However, minor variations may still occur. If you have any questions or need further information, please reach out to our customer service at hello@skinbeat.co.za.
*Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display accurately reflects the colour of the products. Your products may vary slightly from those images.
7. MODIFICATIONS TO THE SERVICE AND PRICES
We strive to maintain accurate pricing on our website. In the event of a pricing error, we retain the right to cancel your order or communicate with you for the settlement of any additional amount owed or refund any over-payment you may have made (as applicable). We reserve the right to alter all product pricing without notice.
8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We retain the right, without any obligation, to monitor, modify, or delete content that, at our sole discretion, is deemed unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or in violation of any party's intellectual property or these Terms of Service. You agree that your comments will not infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary rights. Additionally, you affirm that your comments will not include defamatory, unlawful, abusive or obscene material, nor will they contain any computer viruses or malware that could disrupt the operation of the Service or any associated website. It is prohibited to use a false email address, assume a false identity, or mislead us or third parties regarding the origin of any comments. You bear sole responsibility for the accuracy of your comments. We disclaim any responsibility and assume no liability for any comments posted by you or any third party.
9. UPDATES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Continuing to use the Website or making subsequent purchases following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
10. INTELLECTUAL PROPERTY
All content on skinbeat., including logos and text, is the property of skinbeat. and protected by intellectual property laws. Users may not use, reproduce or distribute any content from this website without our written permission.
11. GOVERNING LAW
The Website and these Terms of Service will be governed by and construed in accordance with the laws of South Africa and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the Country of South Africa, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
12. CONTACT US
Should you become aware of misuse of the website including libellous or defamatory conduct, you must report it to the Company. All reports of misuse and other feedback, comments, requests for technical support and other communications relating to the Website should be directed to hello@skinbeat.co.za.
Thank you for choosing skinbeat.!